rights and responsibilities of tenancy a...

45
1 06-23-16 www.thecounselorscorner.net “Online Training Done Right” June 23, 2016 Rights and Responsibilities of Tenancy A Review www.thecounselorscorner.net “Online Training Done Right” Get to Know Your Presenter 2 Robin Stout Migala Consultant to the industry Over 45 years’ experience in residential lending and default servicing 23 years with Freddie Mac in Housing Outreach Specialty in loss mitigation and foreclosure prevention for housing counselors and real estate professionals

Upload: others

Post on 15-Aug-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

1

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

June 23, 2016

Rights and Responsibilities of Tenancy –

A Review

www.thecounselorscorner.net “Online Training Done Right”

Get to Know Your Presenter

2

Robin Stout Migala

• Consultant to the industry

• Over 45 years’ experience in residential lending and default

servicing

• 23 years with Freddie Mac in Housing Outreach

• Specialty in loss mitigation and foreclosure prevention for

housing counselors and real estate professionals

Page 2: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

2

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

GoToWebinar

3

Toll Number: 1-562-247-8321

Access Code: 709-318-972

Webinar ID: 113-802-171

www.thecounselorscorner.net “Online Training Done Right”

The Counselor’s Corner…

4

THE Online Resource for Housing Counseling and Real Estate Professionals

Your one-stop Resource Center

• Provides information that enhances your knowledge of industry

changes and regulatory updates in a timely manner, all in one location

• Our online “Learning Center” provides Continued Education Hours for

your active participation

Page 3: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

3

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Certificate of Completion Eligibility

5

• All responses to the Knowledge Checkpoint and Polling Questions are tracked.

• Only those who register for and attend a webinar and who pass the post-webinar test will

receive a Certificate of Completion showing the hours.

• Within two hours after the webinar ends, we will e-mail the online testing link. Please check your

SPAM folder or your company’s quarantine for this e-mail.

IMPORTANT! Please add [email protected] to your address book

• Webinar attendees who pass the post-webinar test with a score of 80% or higher will be

awarded a Certificate of Completion.

www.thecounselorscorner.net “Online Training Done Right”

Webinar Exit Survey

6

• A survey will pop up at the end of today’s webinar - please complete

• Your Internet pop-up blocker must be disabled to view and complete the survey

• We appreciate your feedback!

Page 4: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

4

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Knowledge Checkpoint Questions

7

• We encourage you to take notes as we go

• Questions will pop up during today's presentation

• Your responses must be entered in the question box

KNOWLEDGE CHECKPOINT

www.thecounselorscorner.net “Online Training Done Right”

National Industry Standards

8

The Counselor’s Corner supports the mission of the National Industry

Standards in Foreclosure, Homeownership Counseling & Education.

• The Standards help practitioners and organizations serve families and communities

in a consistent and professional manner.

• This webinar:

Promotes consistent & quality counseling

Builds competency & knowledge of responsibilities

Provides useable resources

Page 5: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

5

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Counseling Setting/Format

9

Counseling services may take place:

• In the office of the housing counseling agency

• Alternate location (for example, a client’s home and must be mutually acceptable to the housing counselor and client)

Alternative formats can include:

• Telephonic counseling

• Remote counseling systems designed using Skype technology, video cameras and the Internet

http://portal.hud.gov/hudportal/documents/huddoc?id=76101HSGH.pdf

Skype technology systems can also be used to deliver group education workshops and sessions.

www.thecounselorscorner.net “Online Training Done Right”

Rights/Responsibilities of Tenancy

10

Our objective today is to enable you to:

• Understand the components of the rights and responsibilities

• Rental and eviction processes

• Review the skills required to productively counsel clients

• Get resources available to you and your clients

DISCLAIMER:

This training is a summary of the requirements for the HUD housing counseling competency – Rights and Responsibilities of Tenancy – and is not a substitute for those requirements.

This training is meant for educational purposes only. For additional information, please reference HUD Handbook 7610.1 and HUD’s exam training website. Please note that

requirements are subject to change at any time.

Page 6: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

6

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Polling Question #1

11

Are you planning to become certified?

www.thecounselorscorner.net “Online Training Done Right” 12

Background – Dodd-Frank and HUD

HUD’s proposed rule dated September 13, 2013 states that in order to become HUD certified, housing counselors must

pass a written exam covering the six major areas of housing counseling:

1. Financial management

2. Property maintenance

3. Rights and responsibilities of homeownership and tenancy

4. Fair housing law and requirements

5. Housing affordability; and

6. Avoidance of, and responses to, rental and mortgage delinquency and avoidance of eviction and mortgage default

Page 7: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

7

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 13

To Rent or to Buy?

Ask your client these questions:

1. Are you ready for a long-term commitment or are your needs more short term?

2. Are you ready to take responsibility for the interior of your unit’s condition?

3. Is your credit up to par?

4. Do you have enough saved for first/last/security?

5. Are you willing to comply with apartment rules/regulations?

6. Are you willing to adjust your spending habits?

7. Can you afford a rent payment as well as other monthly bills?

8. Have you ever been evicted from an apartment before?

www.thecounselorscorner.net “Online Training Done Right” 14

Advantages of Renting

• Could be less expensive than owning

• Shorter term commitment

• Low or minimal maintenance/repair cost

• Lower insurance cost

• Amenities

• Lower market risk

Page 8: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

8

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 15

Disadvantages of Renting

• No tax break

• Rent will possibly increase yearly

• Less freedom with interior design

• No building of equity

www.thecounselorscorner.net “Online Training Done Right” 16

Barriers to Renting

INVISIBLE BARRIER –

Want vs. Need

• Not saving enough for first, last and security

• Having a poor credit history

• Reduced income

• Not having a stable job

• Inability to pay off debts, including utility bills

• Rising rents

• Poor references

https://www.nerdwallet.com/blog/credit-card-data/average-credit-card-debt-household/

Page 9: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

9

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 17

Tenant’s Rights

• Safe use of the property and its amenities

• Privacy

• Access to landlord for issues and repairs

• Timely return of security deposit if only wear and tear

www.thecounselorscorner.net “Online Training Done Right” 18

Tenants’ Responsibilities

• Comply with the lease

• Pay rent on time

• Respect neighbors

• Prevent damage to unit

Page 10: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

10

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 19

Landlords’ Rights

• To collect rents on time

• To negotiate the terms of a lease

• The right to exercise lease terms

• The right to evict

www.thecounselorscorner.net “Online Training Done Right” 20

Landlords’ Responsibilities

• To keep to the terms of a lease

• To maintain a safe, clean and quiet environment

• To not discriminate

• To handle repairs promptly

• To safeguard tenants’ security deposits

• To evict

Page 11: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

11

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 21

Knowledge Checkpoint Question #1

A barrier to renting could be the client’s inability to distinguish between “want” and “need”.

Is this correct and, if so, why?

Yes.

Too many “wants” could price the client out of an affordable apartment.

www.thecounselorscorner.net “Online Training Done Right” 22

Preparing for Rental

BEFORE –

• Determine goal

• Review current financial position

• Pull credit report/score – repair

• Review budget

• Determine ability to pay

• Understand leases

• Beware of scams

• Fair Housing rights

• Get rental counseling

DURING –

• Review amenities

• Apartment hunting

• Lead-based paint

• Subsidies

• Affordable housing programs

• Tenant insurance

• Sign the lease

AFTER –

• Move in

• Delinquency prevention

• File leasing documents

• Update finances/budget

• Understand eviction

Page 12: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

12

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 23

Highest/Lowest Rents by City

http://www.cbsnews.com/media/the-income-needed-to-pay-rent-in-

the-biggest-u-s-cities/17/https://smartasset.com/mortgage/top-ten-cheapest-places-to-live

www.thecounselorscorner.net “Online Training Done Right” 24

Hourly Wage Needed to Rent by State

http://nlihc.org/sites/default/files/oor/OOR_2016_Factsheet.pdf

http://nlihc.org/oor

Page 13: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

13

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Rental Costs

25

• Generally, a consumer should budget about

30% of his income for housing costs

• This does not include utilities, insurance, trash

and other rental-related expenses

• 30% allows a buffer for other expenses such as

food, entertainment, savings, etc.

www.thecounselorscorner.net “Online Training Done Right”

Other Rental Cost Factors

26

• The move

• Transportation

• Neighborhood benefits

• Cost of amenities

Page 14: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

14

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Polling Question #2

27

Have you seen an increase in the last six months

from clients who are looking to rent?

www.thecounselorscorner.net “Online Training Done Right” 28

Fair Housing Act/Equal Credit Opportunity Act

FHA prohibits discrimination in housing on the basis of:

race, color, national origin, religion, sex, familial status

or disability.

In the sale and rental of housing, it is prohibited to:

• refuse to rent or sell housing,

• refuse to negotiate for housing,

• make housing unavailable,

• deny a dwelling,

• set different terms, conditions or privileges for sale

or rental of a dwelling

• provide different housing services or facilities.

ECOA makes it unlawful for any creditor to discriminate

against any credit applicant regarding any aspect of a credit

transaction based on:

race, color, religion, national origin, sex, marital status,

age, or receipt of public assistance

Creates regulatory requirements for:

• Taking applications

• Evaluating customer qualifications

• Extending credit and denying credit

• Providing disclosures (i.e. Adverse action)

http://thecounselorscorner.net/tutorials/ho

me_buying/fair_housing/presentation.html

Page 15: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

15

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 29

Lead Disclosure Rule

• Residential Lead-Based Paint Hazard Reduction Act of 1992

• Disclose lead-based paint - built before 1978

• Before ratification of a contract for housing sale or lease, sellers and landlords must:

Give an EPA-approved information pamphlet

Disclose any known information concerning lead-based paint

Provide any records and reports on lead-based paint

Include an attachment to or language in the contract or lease which includes a Lead Warning Statement

Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-

based paint

http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/enforcement/disclosure

www.thecounselorscorner.net “Online Training Done Right” 30

Beware of Scams

Scams don’t operate just on the homeownership side – they exist on the rental side as well.

• #1 scam – renting to multiple tenants

• Phantom rentals

• Foreclosure rental scams

https://rentalscams.org/

http://www.fraudguides.com/consumers/rental-scams/

https://www.consumer.ftc.gov/articles/0079-rental-listing-scams

http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_10872.pdf

Page 16: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

16

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 31

Rent Payments to Build Credit

• Experian RentBureau will launch interface to accept reporting of rent payments

• The new program allows clients to seamlessly report rental payment data

• Consumers are then able to build credit

http://www.experian.com/rentbureau/renter-credit.html

www.thecounselorscorner.net “Online Training Done Right” 32

Reviewing Credit, continued…

A credit report is a record of a consumer’s financial transactions.

Every credit report contains data in five categories:

• Identifying information

• Trade lines and payment ratings

• Public records

• Collections; and

• InquiriesFree credit report – https://www.annualcreditreport.com/index.action

Equifax – 1-800-685-1111 – http://www.Equifax.com

Experian – 1-888-397-3742 – http://www.Experian.com

Trans Union – 1-800-888-4213 – http://www.transunion.com

http://thecounselorscorner.net/tutorials/credit/credit_reports/presentation.html

Page 17: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

17

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 33

Fair Credit Reporting Act

• Consumers have the right to dispute inaccuracies

• Should be done in writing with a dispute letter or online

• Credit Bureaus must investigate and provide the consumer

with the results of the investigation within 30 days

Incorrect information must be corrected

Inaccurate information must be deleted

Incomplete information must be completed

http://thecounselorscorner.net/tutorials/credit/fair_credit_reporting/presentation.html

www.thecounselorscorner.net “Online Training Done Right” 34

Successful Budgeting

Following these steps will help prepare for success:

• Track spending

• Save automatically

• Prioritize spending

• Use cash

• Reduce credit card debt

• Build a safety net

• Live within your means

Page 18: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

18

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 35

Budgeting to RentThe client should create a reasonable budget that will help him

establish good spending habits while saving money to rent.

General budgeting guidelines are:

www.thecounselorscorner.net “Online Training Done Right” 36

The Lease

• Lease term and rent increases – generally, leases are on a yearly basis and rents

usually don’t increase outside the cycle.

• Deposits – most leases include up-front security deposits, often equaling at least one

month’s rent. First and last month’s rent may also be required.

• Rent payments and late fees – where to send rent

payments and on what day of the month they’re due.

• Property management and repairs – some complexes

have maintenance staff onsite.

Page 19: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

19

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 37

The Lease, continued…

• Utilities – determine if utilities such as gas, electricity, trash, cable and water

are included in the rent.

• Subletting terms – ask if a new co-tenant can be added if a previous

roommate leaves or if the whole apartment unit can be sublet.

• Property examination – do a thorough walkthrough of the apartment prior to

signing and make a checklist of items.

• Save a copy – after signing the lease, keep a copy on file.

www.thecounselorscorner.net “Online Training Done Right” 38

Types of Tenancy

• Periodic/at will – until either landlord or

tenant ends the tenancy

• Fixed term/contractual – usually a one

year lease

• At sufferance – mutual agreement to rent

after lease has expired

Page 20: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

20

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 39

Knowledge Checkpoint Question #2

When creating a budget for rent, the maximum a consumer should pay monthly for rent is 43%

of his income

Is this true or false?

False.

Tell me in the question box what the percentage should be.

www.thecounselorscorner.net “Online Training Done Right” 40

The Good Neighbor Tenant

• Be friendly towards others

• Be soft-spoken when entering and

exiting

• Be considerate of the noise level

inside the apartment

• Have on-site laundry manners

• Know the rules for parking

• Be cautious when having guests

over

• Offer positive assistance or

convenience to your elderly

neighbors

• Ask questions regarding smoking

with the property management

• Choose small pets for a pet-friendly

apartment

• Observe apartment dumpster

protocols

Page 21: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

21

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 41

Rental Assistance Programs

• Privately owned subsidized housing - HUD helps apartment owners offer

reduced rents to low-income tenants. Families receive housing assistance as

long as they live in the subsidized property.

• Public housing/Section 8 – offers vouchers for low-income residents

• Rental help by state – several resources

www.thecounselorscorner.net “Online Training Done Right” 42

Additional HUD Rental Programs

http://www.va.gov/homeless/hud-vash.asp

https://www.hudexchange.info/programs/hopwa/

Page 22: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

22

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 43

Renters’ Insurance

Every tenant should have renter’s insurance.

There is no reason not to get it!

• Renter’s insurance is inexpensive

• Covers contents and personal injury liability

www.thecounselorscorner.net “Online Training Done Right” 44

Page 23: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

23

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 45

Polling Question #3

In the past year, what percentage of your

clients were being evicted from a rental?

www.thecounselorscorner.net “Online Training Done Right”

What is Rental Eviction?

46

Eviction is the physical removal of a tenant from a rental property by the landlord

following a legal process to obtain court approval.

Page 24: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

24

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 47

Rental Eviction

• Most tenants who are facing eviction are being evicted as a

consequence of nonpayment of rent.

• Others may face eviction for a variety of other reasons,

including violation of lease terms, creation of a health or safety

hazard, or even a personality dispute with a landlord.

• Breaking a lease can have many negative consequences.

http://www.nolo.com/legal-encyclopedia/evictions-renters-tenants-rights-29824.html

www.thecounselorscorner.net “Online Training Done Right”

Rental Disputes

48

Landlords and tenants should follow these tips to avoid legal problems:

• Know your rights and responsibilities under federal, state, and local law

• Make sure the terms of the lease or rental agreement are clear

• Keep communications open

• Keep copies of any correspondence and make notes of conversations about any

problems

Page 25: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

25

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Emergency/Transition Shelter Population

49

www.thecounselorscorner.net “Online Training Done Right”

Types of Rental Eviction

50

• Non-payment eviction

Unpaid rent

• Holdover eviction

Reason(s) other than non-payment of rent

Page 26: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

26

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

How Does Rental Eviction Work?

51

Every state is different!

Step Action1 Landlord terminates tenancy with written notice

including reason, tenant steps and time period

2 Tenant corrects issue, vacates or counters

3 If tenant counters, seek Legal Aid

4 If tenant does not cure, landlord lawsuit to evict

5 Landlord follow state laws exactly

6 Landlord prove reason for eviction

7 Eviction conducted

Process by state > http://www.evictionresources.com/eviction_process.html

www.thecounselorscorner.net “Online Training Done Right”

Landlord Written Notice

52

Every state is different!

Three basic types:

1. Pay Rent or Quit Notice

2. Cure or Quit Notice

3. Unconditional Quit Notice

Page 27: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

27

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Pay Rent or Quit Notice

53

Every state is different!

Used when the tenant has

not paid the rent

Tenant has a few days to

pay the rent up to date or

move out

http://www.pinstopin.com/three-day-notice-to-pay-rent-or-

quit/aW1nKmRvY3N0b2NjZG4qY29tfHRodW1ifG9yaWd8MzEwMjc0OSpwbmc_Z

G9jc3RvYypjb218ZG9jc3wzMTAyNzQ5fHRocmVlLWRheS1ub3RpY2UtdG8tcGF5LXJlbnQtb3ItcXVpdC10aHJlZS1kYXktLS1kb3dubG9hZC1hcy1wZGY/

www.thecounselorscorner.net “Online Training Done Right”

Cure or Quit Notice

54

Every state is different!

Used when a tenant violates a

term or condition of the

lease/rental agreement such as

a no-pets clause, having an

unauthorized occupant in the

rental or the promise to refrain

from making excessive noise.

Tenant has a few days to cure the violation or move out

http://www.fastevictionservice.com/notice-to-perform-covenant-cure-or-quit

Page 28: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

28

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Unconditional Quit Notice

55

Every state is different!

Used to order a tenant to vacate the premises with no chance

to pay the rent or correct a lease/rental agreement violation.

In most states, unconditional quit notices are allowed only if

there has been:

repeated violations of a significant lease/rental

agreement clause

late rent payments on more than one occasion

serious damage to the premises, or

engagement in serious illegal activity, such as drug

dealing on the premises

http://www.fastevictionservice.com/3-day-notice-vacate

www.thecounselorscorner.net “Online Training Done Right”

Notice of Termination Without Cause

56

Every state is different!

Even if a tenant has not violated the rental agreement and

has not been late paying rent, a landlord can usually ask

the tenant to move out at any time (assuming there isn’t a

fixed term lease) as long as the landlord gives the tenant a

longer notice period than the previous examples.

• A 30-day or 60-day Notice to Vacate can be used in most

states when the landlord does not have a reason to end

the tenancy

• Rent Control Exceptions. Many rent control cities go

beyond state laws and require the landlord to prove a

legally recognized reason for termination. These laws are

known as "just cause eviction protection."

http://www.utahevictionlaw.com/leasetermination.html

Page 29: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

29

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 57

Knowledge Checkpoint Question #3

Regardless of the type of eviction or city in which it is conducted, eviction is a legal process

that is the same in every State.

True or false?

False.

www.thecounselorscorner.net “Online Training Done Right”

If the Tenant Does Not Immediately Comply

58

Every state is different!

Step Action1 Unlawful Detainer lawsuit by the landlord

2 Notice of Petition to the tenant

3 Court Hearing to resolve issues

4 Final Judgment by the judge

5 Appeal by the tenant

6 Writ of Possession to landlord

7 Eviction of tenant

Page 30: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

30

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Unlawful Detainer

59

Every state is different!

The landlord files an Unlawful Detainer

complaint when a tenant is in possession

of an apartment and refuses to leave the

premises upon the expiration or

termination of the lease after having

received notice from the landlord.

http://www.courts.ca.gov/documents/ud100.pdf

www.thecounselorscorner.net “Online Training Done Right”

Notice of Petition

60

Every state is different!

The court then serves the tenant with a

Notice of Petition, which includes:

Reason for eviction

Request for response

Due date for tenant response (usually five

days)

Request for tenant to appear in court on a

specific date

Ramifications for tenant of not appearing

http://www2.law.columbia.edu/donnelly/hlas/Legal%20Aid/NOTICE%20NONPAYMENT.jpg

Page 31: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

31

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Court Hearing

61

Every state is different!

The court hearing (5-12 days after Notice of

Petition was served) is broken down into two

separate sessions:

1. Resolution segment – tenant and

landlord discuss options such as a

repay plan for the past due rent.

2. Trial segment – if no agreement can

be reached, the case goes to a Judge.

www.thecounselorscorner.net “Online Training Done Right”

Final Judgment

62

Every state is different!

Within five days of the court hearing, the judge

issues a final judgment (decision).

1. Within five more days, tenant must cure the

lease violation or pay rent up to date; or

2. Tenant may appeal decision

Page 32: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

32

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Writ of Possession

63

Every state is different!

If tenant does not appeal the Final Judgment

within five days, landlord files request for the

court to issue a Writ of Possession which

authorizes the eviction of the tenant and all

belongings from the rental unit.

Writ of Possession must be delivered to

tenant at least 72 hours prior to the date and

time of the scheduled eviction.

http://www.courts.state.va.us/forms/district/dc469.pdf

www.thecounselorscorner.net “Online Training Done Right”

Eviction

64

Every state is different!

Generally, a landlord has two eviction options:

1. Full eviction – tenant’s possessions placed at the

nearest public right of way by the Sheriff’s office.

2. Lock change eviction – after landlord changes the

locks, tenant has access for 24 hours to remove

possessions.

Page 33: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

33

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Polling Question #4

65

What percentage of your clients are Millennials?

http://www.housingwire.com/articles/37237-freddie-mac-baby-boomers-

pushing-millennials-out-of-housing-market?eid=311691159&bid=1429866

www.thecounselorscorner.net “Online Training Done Right”

Before Eviction – Non-payment of Rent

66

Every state is different!

1. Review reason for non-payment

2. Determine ability to pay/adjust budget

3. Determine credit standing and credit score

4. Review alternative means to pay rent

5. Contact Legal Aid if going to court

6. Develop Action Plan

7. Time is of the essence!

http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance/local

Page 34: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

34

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Before Eviction – Lease Violation

67

Every state is different!

1. Review reason for violation

2. Determine client’s willingness/ability to cure the violation

3. If so, do so and review rental agreement…again

4. If not, find other housing or shelter

5. Develop Action Plan

6. Time is of the essence!

www.thecounselorscorner.net “Online Training Done Right”

If Eviction is Inevitable

68

Every state is different!

1. Contact Legal Aid

2. Housing Choice Voucher Program (Section 8 housing)

3. Move in with family/friends

4. Emergency/transitional shelters

5. Develop Action Plan

6. Time is of the essence!

Page 35: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

35

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Protecting Tenants at Foreclosure Act

69

http://www.nationalmortgagenews.com/news/dis

tressed/tough-choices-for-servicers-after-tenant-

foreclosure-law-expires-1044042-1.html

http://nlihc.org/sites/default/files/FactSheet_PTFA_2015.pdf

http://nhlp.org/node/1341

www.thecounselorscorner.net “Online Training Done Right” 70

Knowledge Checkpoint Question #4

There are three types of eviction –

1. Pay Rent or Quit Notice

2. Cure or Quit Notice

3. Unconditional Quit Notice

However, there is actually also a fourth type of Notice which could result in an eviction action.

What is it called?

Notice of Termination Without Cause.

Page 36: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

36

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 71

Options for Servicemembers

Servicemembers Civil Relief Act

SCRA, enacted in 2003 and amended several times since then and formerly known as the Soldiers’

and Sailors’ Civil Relief Act of 1940 (SSCRA), is a federal law that provides protections to individuals

in military service.

The law’s purpose is to postpone, suspend, terminate, or reduce the amount of certain civil

obligations so that members of the armed forces can focus their full attention on their military

responsibilities without adverse consequences for themselves or their families. Protections:

• Rental agreements

• Security deposits

• Prepaid rent

• Evictions

• Installment contracts

• Credit card interest rates

• Automobile repossessions

• Automobile leases

• Mortgage interest rates

• Mortgage foreclosures

• Civil judicial

proceedings

• Life insurance

• Health insurance

• Income tax payments

www.thecounselorscorner.net “Online Training Done Right”

How Can Housing Counselors Help their Clients?

72

Understand:

The steps to successful tenancy

The value of thorough coaching and counseling

Resources available to the client

Page 37: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

37

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Certification Exam Resources

73

• Dodd-Frank Act (brief summary) – http://useconomy.about.com/od/criticalssues/p/Dodd-Frank-Wall-Street-Reform-Act.htm

• HUD proposed rule in .pdf format –

http://www.gpo.gov/fdsys/pkg/FR-2013-09-13/pdf/2013-22229.pdf

• HUD Q&A on proposed rule and certification exam –

http://portal.hud.gov/hudportal/documents/huddoc?id=OHC_HCCERTF110613.pdf

• HUD training and certification exam website –

http://www.hudhousingcounselors.com/

• HUD press release about new exam website –

http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2015/HUDNo_15-070

• HUD Exchange – https://www.hudexchange.info/

www.thecounselorscorner.net “Online Training Done Right”

Rental Resources

74

• Apartment affordability calculator –

http://www.myapartmentmap.com/affordable_housing/calculator/

• Rent calculator – http://firstapartmentguide.com/rent-calculator

• Rent affordability – http://www.nakedapartments.com/blog/rent-to-income/

• Rental housing online – http://rhol.com/rental/tentip.htm

• Apartment ratings – http://www.apartmentratings.com/

• National Apartment Association – http://www.naahq.org/

Page 38: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

38

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Rental Resources

75

• Privately owned subsidized housing – http://www.hud.gov/apps/section8/index.cfm

• Public housing –

http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/pha/contacts

• Rental help by state – http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance/local

• Rental assistance programs by state – http://www.rentassistance.us/

• Move in/move out inspection form –

http://portal.hud.gov/hudportal/documents/huddoc?id=90106.pdf

www.thecounselorscorner.net “Online Training Done Right”

Rental Resources

76

• Rental assistance – http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance

• United Way 211 assistance – http://www.211us.org/

• Legal Aid – http://www.lsc.gov/local-programs/program-profiles

• Eviction process by state – http://www.evictionresources.com/eviction_process.html

• Tenants’ Rights by State –

http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance/tenantrights

Page 39: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

39

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Rental Resources

77

• Catholic Charities shelters by state – http://catholiccharitiesusa.org/

• Emergency rental assistance by city –

http://www.needhelppayingbills.com/html/emergency_rent_assistance.html

• Rental assistance by state –

http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance/local

• Homeless shelters by state – http://www.homelessshelterdirectory.org/

• File a complaint with the CFPB – http://www.consumerfinance.gov/complaint/

www.thecounselorscorner.net “Online Training Done Right”

General Resources

78

• Equal Credit Opportunity Act – https://www.justice.gov/crt/equal-credit-opportunity-act-3

• File ECOA complaint with the Federal Trade Commission (FTC) – https://www.ftccomplaintassistant.gov/#&panel1-1

• Fair Housing Act – https://www.justice.gov/crt/fair-housing-act-2

• HUD Fair Housing complaint form – https://portal.hud.gov/FHEO903/Form903/Form903Start.action

• HUD’s Fair Housing and Equal Opportunity (FHEO) offices >

Page 40: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

40

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Military Resources

79

• SCRA Public Law December 19, 2003 – http://www.gpo.gov/fdsys/pkg/PLAW-

108publ189/pdf/PLAW-108publ189.pdf

• Armed Forces Legal Assistance Program Office –

http://legalassistance.law.af.mil/content/locator.php

• CFPB Servicemember protections – http://www.consumerfinance.gov/blog/servicemembers-you-

have-new-mortgage-protections-in-2014/

www.thecounselorscorner.net “Online Training Done Right”

Continued Education Hours

80

• 2.0 hours for today’s session

• Must take the short test to receive the Certificate of Completion

• The test link will be sent to you within two hours after the end of this webinar

IMPORTANT! Please add [email protected] to your address book

• Once you pass the test, you can print your certificate right away at the test site

Please complete the survey that will pop up at the end of today’s webinar.

Page 41: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

41

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Upcoming Webinars

81

www.thecounselorscorner.net “Online Training Done Right”

Funding Opportunities

82

DISCLAIMER:

The information provided using this web site is intended for general summary information purposes only. It is not intended to replace the guidelines of any funder. Each funder will provide

guidelines that outline their strategic focus to address a specific need; therefore, we do not guarantee the outcome of any potential grant application. It is suggested that direct contact be made to

the funders for details, current information, official documents, funding cycles and availability.

Page 42: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

42

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 83

Strategic Partnership

• Additional online training events

• Increased resources

• Extended networking opportunities

• More Continued Education Hours

http://www.afcpe.org/

www.thecounselorscorner.net “Online Training Done Right”

Self-care for Housing Counselors

90

Page 43: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

43

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

Inflight Announcement

• Put on your own mask first before trying to help

someone else

• Counselor wellness experts say that idea has

mileage on the ground, too

• Helping yourself first is a principle that applies

directly to counseling

• “If you’re gasping for air,” you can’t help other

people

85

www.thecounselorscorner.net “Online Training Done Right”

Self-Care in 2016

• Your wellness is a critical factor in being a healthy housing/financial counselor

• Each month TCC will review one topic that pertains to self-care for housing counselors

• We will provide resources to help build counselor sustainability

86

Page 44: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

44

06-23-16

www.thecounselorscorner.net “Online Training Done Right”

2016 is the Year of Setting Goals

Identify your basic GOALS:

• Personal

Committing to financial health/savings

Paying down debt

Reducing stress

• Professional

Counselor certification

Continued education - training needs

Agency and counselor recognition

87

www.thecounselorscorner.net “Online Training Done Right”

June

Make the shift!

Shift your behavior from financial self-neglect

to financial self-care.

88

Page 45: Rights and Responsibilities of Tenancy A Reviewfiles.ctctcdn.com/d6cb077a201/6497bd44-33ff-4e9a-a815... · 2016-06-19 · 1 06-23-16 “Online Training Done Right” June 23, 2016

45

06-23-16

www.thecounselorscorner.net “Online Training Done Right” 89

www.thecounselorscorner.net 90

Rights and Responsibilities of Tenancy –

A Review

Please complete the post session survey.

Disable your pop-up blocker now!

Thanks for your participation today and…

Have a great rest of the week!

“Online Training Done Right”